Governor's Office Verifies Statement on School Councils

It took some lawyers hunting for it, but this morning Jay Blanton with the Governor's office informed KSN&C that they found the regulation that verifies Education Cabinet Secretary Helen Mountjoy's assertion that,

"Every school in KY which is meeting the learning achievement goals set for it can apply and receive a waiver from any state regulation other than those mandated by federal statute, those concerning health and safety and those concerning the state’s system of assessment and accountability."

Working with KDE and the Governor's office, at some length yesterday, KSN&C tried to verify the claim but was only given KRS 160.345 which governs school council configurations; and KRS 156.072 which grants some waivers from reporting requirements if the local superintendent goes along - nothing that verified the statement above.

KDE spokesperson Lisa Gross told KSN&C that "neither Kevin Noland nor any other staff recall any districts asking for waivers under KRS 156.072 since it was enacted in 2000."

This morning, however, the governor's spokesperson, Jay Blanton, sent along a little "more info" in the form of KRS 156.160. It would seem to this non-lawyer that they found what they were looking for all along.

KRS 156.160 deals with the "Promulgation of administrative regulations by Kentucky Board of Education" Voluntary compliance and Penalties. At section Two, it reads,

(2) (a) At the request of a local board of education or a school council, a local school district superintendent shall request that the Kentucky Board of Education waive any administrative regulation promulgated by that board.

Beginning in the 1996-97 school year, a request for waiver of any administrative regulation shall be submitted to the Kentucky Board of Education in writing with appropriate justification for the waiver. The Kentucky Board of Education may approve the request when the school district or school has demonstrated circumstances that may include but are not limited to the following:

1. An alternative approach will achieve the same result required by the administrative regulation;
2. Implementation of the administrative regulation will cause a hardship on the school district or school or jeopardize the continuation or development of programs; or
3. There is a finding of good cause for the waiver.
(b) The following shall not be subject to waiver:
1. Administrative regulations relating to health and safety;
2. Administrative regulations relating to civil rights;
3. Administrative regulations required by federal law; and
4. Administrative regulations promulgated in accordance with KRS 158.6451, 158.6453, 158.6455, 158.685, and this section, relating to measurement of performance outcomes and determination of successful districts or schools, except upon issues relating to the grade configuration of schools.

(c) Any waiver granted under this subsection shall be subject to revocation upon a determination by the Kentucky Board of Education that the school district or school holding the waiver has subsequently failed to meet the intent of the waiver.

Good. That clears that up.

In practice, it's nowhere near apparent that this approaches the kind of flexibility to waive regulations and board of education policies that would typically be offered charter schools. But Gross says, "Districts have asked for waivers of provisions of regs, which they can do under KRS 156.160" and that was the case with the example Gross cited yesterday regarding Ft. Thomas and the approval of common transportation carriers.

Now the state is only left with the larger problem of getting Education Secretary Arne Duncan to see things that way, from his point of view. And that doesn't appear to be happening.